Last updated on October 19th, 2025 at 06:23 am
Your Rights as a Texas Renter Without a Lease
Don’t have a written lease? You still have rights. Learn what Texas law says about renting without paperwork and how to protect yourself.
Renting Without a Written Lease in Texas
Lots of people rent homes in Texas without signing a lease. Maybe you made a deal with a handshake. Or you kept living there after your old lease ended. Either way, you’re not alone – and you still have rights.
Here’s What You Need to Know
If you pay rent and your landlord takes it, that’s a legal rental deal in Texas. It doesn’t matter if nothing was written down. The law treats it like a real contract.
How People End Up Without Leases
| Situation | How It Happens | Is It Legal? |
|---|---|---|
| Verbal deal | You and the landlord just talked about it | Yes – counts as a real contract |
| Month-to-month | Old lease ended but you kept paying | Yes – totally valid |
| Living there with permission | Owner lets you stay and takes rent | Yes – protected by law |
This happens a lot. Maybe your lease ran out and you just kept paying rent. Or you’re renting from a friend who didn’t want to do paperwork. Whatever the reason, Texas law still protects you.
What Rights Do You Have?
Texas law gives all renters basic rights – even if you never signed anything. Your landlord can’t ignore these rules just because there’s no paper lease.
| Your Right | What It Means | What Your Landlord Must Do |
|---|---|---|
| Peace and quiet | Live without being bothered all the time | Tell you 1-2 days before coming over |
| Safe place to live | No broken stuff that could hurt you | Fix big problems within 7 days |
| Can’t be kicked out randomly | Landlord needs a real reason and must follow rules | Give you 3 days written notice first |
| Get your deposit back | Money returned minus real damage costs | Return it within 30 days with a list |
| No payback evictions | Can’t kick you out for asking for repairs | Follow normal eviction rules |
Watch Out For This
Your landlord can’t kick you out just because you asked them to fix something. That’s called payback, and it’s against the law in Texas. If they try this right after you asked for repairs, tell them it’s illegal.
Important Deadlines You Should Know
Even without a lease, there are rules about how much notice people need to give. Both you and your landlord have to follow these time limits.
Time Limits That Matter
| What’s Happening | How Much Notice | How to Do It | Good to Know |
|---|---|---|---|
| Moving out (month-to-month) | 30 days | Put it in writing | You or landlord can start this |
| Getting kicked out for no rent | 3 days | Written paper from landlord | Has to happen before court |
| Asking for big repairs | Write it down | Send certified mail if you can | Starts the 7-day clock |
| Raising the rent | 30 days | Landlord writes to you | Only for month-to-month |
| Landlord coming inside | 1-2 days | Any reasonable way | Not needed for emergencies |
Save everything – texts, emails, letters. Take pictures of checks or money orders. If things go bad later, you’ll be glad you kept proof.
Getting Things Fixed
Your landlord has to keep your home safe to live in. This isn’t optional – it’s the law. And it doesn’t matter if you have a lease or not.
The 7-Day Rule
When you tell your landlord in writing about something dangerous or unhealthy, they have 7 days to start fixing it. This isn’t a suggestion – it’s Texas law.
What You Can Do If They Won’t Fix Things
- Fix it and take it off rent: Sometimes you can pay for repairs yourself and pay less rent (but be careful with this one)
- Pay less rent: A judge might let you pay less until things get fixed
- Move out: If it’s really bad, you might be able to leave without owing money
- Go to court: Small claims court can order repairs or give you money back
Always write down what needs fixing and send it to your landlord. Keep a copy for yourself. Take pictures of the problem. Save any receipts if you had to pay for something because of the problem.
How Evictions Really Work
Your landlord can’t just change the locks or throw your stuff out. There are steps they have to follow, and you have rights during each step.
The Legal Steps for Kicking Someone Out
| Step | What Happens | How Long |
|---|---|---|
| 1. Warning notice | Landlord gives you written notice to leave | At least 3 days |
| 2. Court papers | Landlord files with the court | After your 3 days are up |
| 3. Your day in court | You both tell the judge your side | Usually within 3 weeks |
| 4. Time to appeal | You can fight the decision | 5 days after court |
| 5. Actual eviction | Sheriff can remove you | After appeal time is over |
These Things Are Illegal
Your landlord cannot: change your locks, turn off your water or power, take your stuff, or threaten you. If they do any of this, call the police and a lawyer. You might be able to sue them.
How to Protect Yourself Without a Lease
Not having a lease means you need to be extra careful about keeping records. The more proof you have, the better off you’ll be if problems come up.
Keep These Things Safe
- Proof you paid: Bank statements, copies of checks, receipts – anything that shows you paid rent
- Every message: Save texts, emails, voicemails, and notes from talks with your landlord
- Pictures: Take photos when you move in, when things break, and when you move out
- Repair requests: Write down every time you ask for something to be fixed
- Witness info: Keep names and numbers of neighbors who know you live there
Smart Move: Make a Folder
Get a folder (real or on your computer) just for rental stuff. Put every receipt, every text, every photo in there. If your landlord ever says you didn’t pay or didn’t tell them about a problem, you’ll have proof.
Where to Get Help
You don’t have to figure this out alone. Texas has places that help renters for free or cheap. Here’s who to call when you need help.
Places That Can Help You
| Who They Are | What They Do | When to Call |
|---|---|---|
| Texas Tenant Advisor | Free advice about your rights | When you have questions |
| TexasLawHelp.org | Forms and guides you can use | Getting ready for court |
| Legal Aid office | Free lawyer if you qualify | Facing eviction or big problems |
| Small Claims Court | Judge decides small disputes | Problems under $20,000 |
| Texas Workforce Commission | Handles unfair treatment | Think you’re being discriminated against |
| HUD | Federal housing help | Civil rights problems |
What to Do When You Need Help
- Write down what happened with dates and details
- Try talking to your landlord first (in writing is best)
- If that doesn’t work, call one of the places above
- Think about getting a lawyer for big problems
- Keep all your papers organized for court
Don’t Wait Too Long
Some things have short deadlines. Like if you want to fight an eviction in court, you only have 5 days after the judge decides. Don’t wait to get help if you’re in trouble.
The Bottom Line
Not having a lease doesn’t mean you don’t have rights. Texas law protects all renters, whether they signed papers or not. But you need to know these rights and speak up for yourself.
Remember These Things
- Paying rent creates a legal deal, even without papers
- Your landlord needs to give you 3 days notice before eviction court
- They have to fix dangerous problems within 7 days
- Keep proof of everything – payments, texts, problems
- It’s illegal to kick you out for asking for repairs
- Free help is out there if you need it
Whether you’re renting month-to-month or just have a handshake deal, Texas law is on your side. Keep good records, know your rights, and don’t be afraid to ask for help when you need it. Your home is important, and the law says your landlord has to treat you fairly – lease or no lease.
